NLS: Most Judges In Southern Nevada Consider Air Conditioning To Be Essential Service
LAS VEGAS, NV – Ask any Las Vegas resident to choose one word that best describes the climate in the region, and 10 out of 10 will most likely tell you “Hot.” Often excessively hot, which is only natural because the city is situated in the middle of a desert.
With that being said, making sure tenants have proper working air conditioning is a must, but what are the rights of both parties and how can landlords avoid being taken advantage of by renters who may be using an alleged A/C issue to avoid paying?
Nevada State law [NRS 118A.380(1)] defines requirements as they pertain to renters, that are considered “essential services” that landlords must provide, service, and repair if a tenant runs into any issues with it working properly. According to the Southern Nevada Health District air conditioning is included as an item warranting an “Essential Service Complaint” if not provided while Nevada Legal Services says “most judges in southern Nevada consider air conditioning to be essential.”
If the landlord is required by the rental agreement or this chapter to supply heat, air-conditioning, running water, hot water, electricity, gas, a functioning door lock or another essential item or service and the landlord willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant shall give written notice to the landlord specifying the breach. If the landlord does not adequately remedy the breach, or use his or her best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or legal holiday, after it is received by the landlord, the tenant may, in addition to any other remedy:
If a tenant does run into an issue with their air conditioning not working properly, there are certain steps they are required to take to bring the issue to their landlord’s attention.
First, a tenant must send their landlord a written notice – either via email, text message, or USPS certified mail – about the problem with their A/C and both parties should make sure they keep a comprehensive record of their communications back and forth in case there are any complications. It is especially important to keep a “paper trail” in case the matter ends up going to court.
After the notice has been sent, the landlord has 48 hours – business days only, not holidays or weekends – to respond and have the A/C repaired.
If the landlord responds and fixes the A/C, great. Problem solved. However, if they tenant claims – true or false – that the problem has not been fixed, they have several avenues to pursue, including – as a last resort – withholding rent entirely until the alleged A/C issue has been addressed. However, for landlords already weary from pandemic-era instances of tenants pulling scams to live rent-free in their properties for months or even years at a time, have no fear; there are certain safeguards in-place to ensure that any back rent is recovered once the tenant’s A/C is repaired.
First of all, tenants withholding rent over a purported A/C issue are not shielded from being evicted, so if you believe that their issue is not genuine, you may begin eviction proceedings if they are indeed not paying rent.
Also, if a tenant is withholding rent, it doesn’t mean they get to live in the apartment for free; instead, they are required to pay the rent directly to the court during the period of time they are withholding it in order to prove they’re not just trying to pull a fast one. After the A/C issue is addressed, the money collected by the court is given to the landlord.
Most landlords have constructive and positive relationships with their tenants, but on the occasion that this is not true, it’s important to know what your rights are as a landlord in order to protect yourself and your property.
Shelter Realty is a Real Estate and Property Management Company specializing in the areas of Henderson, Las Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.